Madhya Pradesh High Court
Chandriya Alias Chandarsingh vs The State Of Madhya Pradesh on 13 May, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 CRA-441-2014
The High Court Of Madhya Pradesh
CRA-441-2014
(CHANDRIYA ALIAS CHANDARSINGH Vs THE STATE OF MADHYA PRADESH)
8
Indore, Dated : 13-05-2021
Shri Rajesh Yadav, learned counsel for the appellant.
Shri Arjun Pathak, learned Panel Lawyer for the respondent/State.
Heard through video conferencing.
Heard on I.A..No.2317/2021, sixth repeat application under section 389(1) Cr.P.C., seeking temporary suspension of sentence and grant of bail, on behalf of the appellant - Chandriya. His first application for suspension of sentence was dismissed as withdrawn by order dated 11.12.2014, his second application was dismissed by order dated 26.04.2016, his third application was dismissed on merits by order dated 08.09.2017, his fourth application was dismissed on 05.12.2018 as not pressed and his fifth application was dismissed as withdrawn on 29.01.2019.
The appellant has been convicted under section u/S 8(c) r/w 20(b)(ii) (C) of NDPS Act and sentenced to suffer ten years R.I. with fine of Rs. 1,00,000/- with default clause vide judgment dated 14.02.2014 passed in Sessions Trial No.04/2011 by the Special Judge, Distt. Badwani.
Learned counsel for the appellant submits that appellant is suffering from lungs infected Tuberculosis Pleura effusion. During Covid-19 Pandemic, number of Covid positive prisoners is on rise in the jail. There is liklihood of him getting infected by the other Covid positive prisoners. Moreso, due to the Covid-19 pandemic, final disposal of the appeal shall also take time. Hence, in such critical hours, this Court may consider the prayer for suspension of sentence and grant of bail on health ground temporarily.
As per direction of this Court, medical report is received from the Jail Hospital, Central Jail, Distt. Badwani As per medical report dated 08.05.2021, appellant has been referred to District Hospital Badwani were Body Fluid (Pleural Fluid) Routine & Micro and USG Chest tests have been 2 CRA-441-2014 carried out. Following is the finding of medical report of the appellant:
'' tkap djkus ij Body Fluid (Pleural Fluid) Routine & Micro dh tkap esa the number of AFB found is in indication of the degree of infectivity of the patient as well as the severity of tuberculosis disease gksuk crk;k x;k] ,oa USG Chest dh taakaap esa B/L Pleural Effusion (In RT Loculated Type ) crk;k x;kA '' Learned State counsel opposes the application for suspension of sentence supporting the order impugned.
Considering the facts and circumstances of the case and submission of learned counsel for the parties and on perusal of medical report but, without expressing any opinion on merits of the case, regard being had to the fact that appellant is suffering from Tuberculosis and due to Covid-19 Pandemic, final disposal of the appeal shall also take time, I.A. No. 2317/21 for temporary suspension is allowed.
It is directed that execution of jail sentence of the appellant shall remain suspended for a period of three months from the date of his release and he shall be enlarged on temporary bail subject to furnishing personal bond in the sum of Rs.5,00,000/- (Rupees five lakhs only)with one solvent surety in the like amount to the satisfaction of the learned Trial Court and also subject to deposit of the fine amount (if not already deposited). The appellant is directed to surrender before the trial Court on or before expiry of three months from the date of his release under intimation to the Registry of this Court through his counsel. The period of temporary bail be reckoned from the date of his release. The following further conditions may also be observed by the appellant:
(i) the appellant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc, to avoid proliferation of Novel Corona virus(COVID-1);
3 CRA-441-2014
(ii) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellants be conducted through the jail doctor and if it is prima-facie found that he is having any symptoms of Covid-19, then the consequential follow up action or any further test required be undertaken immediately.
Learned State counsel is directed to send e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
I.A. stands closed.
List the case on 17.08.2021.
(ROHIT ARYA) V. JUDGE sh SEHAR HASEEN 2021.05.13 18:40:48 +05'30'